UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

PENSACOLA AVIATION CENTER, LLC 

COMPLAINANT 

v. 

PENSACOLA INTERNATIONAL AIRPORT 

CITY OF PENSACOLA, FL 

RESPONDENT 

FAA Docket No. 16-12-12 

REOUEST FOR ADDITIONAL INFORMATION 

Pursuant to 14 CFR § 16.29(b )(I), the Federal Aviation Administration (FAA) has determined 

that the pleadings in this matter need to be supplemented by limited, additional information. The 

Respondent, Pensacola International Airport (Airport), is requested to respond to the following 

information request within 20 days from the date of issuance of this request. 

I. According to the record of this proceeding, the Respondent entered into Lease and 

Operating Agreement- Amendment No. 2 with Aerose LLC d/b/a Innisfree Jet 

Center (Innisfree) on September 24,2012 granting Innisfree authorization to provide 

aeronautical services as a full-service fixed base operator (FBO) at the Airport. The 

authorizations and privileges granted by lease Amendment No. 2 are contingent upon 

Innisfree constructing and leasing certain facilities in accordance with the Respondent's 

minimum leased space requirements for full-service FBO operations, as outlined in its 

2012 revised Airport Minimum Standards. However, it is unclear from the record 

whether Innisfree has in fact constructed required facilities in accordance with the terms 

of lease Amendment No. 2. It is also unclear what primary and secondary aeronautical 

services are provided by Innisfree (or qualified subcontractors) as part of its full-service 

FBO operation. 

Accordingly, the Respondent is requested to address the following: 

Leased Premises Number 2 

a. Leased Premises Number 2 consists of approximately 9,000 square feet ofland for 

the construction of a 9,000 square foot aircraft hangar. Amendment No. 2 requires 

Innisfree to construct the hangar facility and have a date of beneficial occupancy 
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within 24 months of the date of amended lease. It is not clear from the record 

whether, or not, the hangar has been constructed. Please provide the current 

construction status of the 9,000 square foot hangar, including an affirmation that the 

hangar has been constructed, or in the converse, an affirmation that the hangar has not 

been constructed, as applicable. 

b. Lease Amendment No. 2 requires Innisfree to begin paying ground rent for Leased 

Premises Number 2 (hangar site) beginning on the date of the amended lease. Please 

provide documentary evidence to substantiate that Innisfree has remitted the required 

lease payments for Leased Premises Number 2. 

c. The Respondent states in lease Amendment No. 2 that it is not requiring Innisfree to 

have " ... three to one leased land to building ratio out of a spirit of competitive 

fairness. " The Respondent provides that such a ratio is typically consistent with "best 

practices" within the airport industry. It is unclear what purpose this provision of the 

lease serves. Please provide an explanation of the referenced "competitive fairness" 

to be achieved through the inclusion of this lease provision, including an explanation 

ofthe unfair treatment Innisfree would be subjected to in the absence ofthe 

provision. Also, clarify whether, or not, the Respondent has required this ratio in 

other similar aeronautical leases of airport property, including the Complainant's 

aeronautical leasehold. 

Leased Premises Number 3 

a. Leased Premises Number 3 includes "Preferential Use Apron 2," which encompasses 

approximately 78,000 square feet and is limited to general aviation and/or military rotary 

aircraft operations only (unless Innisfree and the Respondent agree otherwise). It is not 

clear where on the Airport "Preferential Use Apron 2" is located relative to the Innisfree 

FBO operation. It is also unclear if the parties have agreed to allow fixed wing aircraft to 

use the apron. Please provide an illustration of the location of "Preferential Use Apron 2" 

on the Airport, including an illustration of the actual dimensions of the Innisfree 

leasehold thereon, and clarify the current limitations to Innisfree's use of the apron for 

FBO operations, if any. 

b. Please clarify the maximum square footage of ramp space in the Innis free FBO leasehold 

that is capable of, and available for, accommodating FAA Design Group II fixed wing 

aircraft. 

c. Lease Amendment No.2 provides a $150,000 rental credit in order " ... to provide the same 

economic basis for hangar development as was provided to the existing FBO at the 

Airport. " The amended lease allows Innisfree to use the rental credit to reduce ground 

rental rates to an effective $0.06 per square foot for Leased Premises Number 3, which 

includes "Preferential Use Apron 1" and "Preferential Use Apron 2," until the credit is 

exhausted over a 5 year period. Please provide clarification as to whether, or not, the 

ground rental credits are presently in effect. Provide documentary evidence to 

substantiate that the rental credit is reflected in Innisfree's current lease/rental structure 

for Leased Premises Number 3, as applicable. 
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Fuel Storage Facilities 

a. Lease Amendment No. 2 provides that Innisfree will lease 4,650 square feet in the Airport 

fuel farm (including 850 square feet for fuel storage expansion) and will make its best 

efforts to complete the fuel farm expansion within one year of the date of the amended 

lease. It is unclear if Innisfree has completed the fuel farm expansion and has 

commissioned the required minimum fuel storage capacity requirements for A vGas and 

Jet A fuels. Please clarify the current status oflnnisfree's required fuel farm expansion 

and include Innisfree's current total fuel storage capacity in the fuel farm for each of the 

required fuels (AvGas and Jet A). 

List of Exhibits 

a. Provide a full and legible copy of all updated exhibits corresponding to Exhibit AExclusive Use Leased Areas, Exhibit B - Preferential Use Lease Areas, and Exhibit D -

Rental Credit Application, as described in the List of Exhibits in lease Amendment No. 2. 

Provide any other exhibits, illustrations, descriptions, etc. not already provided for in the 

List of Exhibits that will assist in the identification of the entire Innisfree leasehold. 

Primary and Secondary Aeronautical Services 

a. Provide documentary evidence to demonstrate that Innisfree is providing, or subcontracting, 

required airframe and powerplant maintenance services. Documentary evidence should 

identifY the maintenance service provider( s) and demonstrate that required maintenance 

services are available to aeronautical users during the days and times specified by Section 

5.7 of the 2012 revised Minimum Standards. Provide evidence that the maintenance 

provider has leased from the Respondent or Innisfree the minimum required ramp, hangar, 

and office space identified in Section 7 .1.2 of the 2012 revised Minimum Standards. 

b. Provide documentary evidence identifying which secondary FBO services Innisfree 

provides (or subcontracts) to aeronautical users in accordance with Sections 5.7 and 5.8 of 

the 2012 revised Minimum Standards. Documentary evidence should identifY the service 

provider( s) and demonstrate that the required services are available to aeronautical users 

during the days and times specified by Section 5.8 of the 2012 revised Minimum Standards. 

Provide evidence that the service provider( s) have leased from the Respondent or Innisfree 

the minimum required ramp, hangar, and office space identified in Section 7.1.2 of the 2012 

revised Minimum Standards. 
4 

The parties to the Complaint should not consider that this request for additional information and 

related questions necessarily represent all of the FAA's concerns regarding the issues raised in the 

record to the Complaint. Furthermore, the parties should not assume that the sponsor's compliance 

status would tum, necessarily, on any one answer to a question. The Director will weigh the full 

breadth, substance, and relevance of supporting documentation comprising the Record in issuing a 

Determination. 

· irector of Office of Airport Compliance 

and Management Analysis 

Date 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on March/2:; , 2015, I served via electronic mail a true copy of 

the FAA's Request for Additional Information, addressed to: 

Counsel for Complainant: 

Leonard D. Kirsch, Esq. 

McBreen & Kopko 

500 North Broadway 

Jericho, New York 11753 

Tel: (516) 364-1095 

Fax: (516) 364-0612 

Counsel for Respondent: 

Eric Smith, Esq. 

Schnader Harrison Segal & Lewis, LLP 

Fifth A venue Place 

120 Fifth Avenue, Suite 2700 

Pittsburgh, PA 15222-3001 

Tel: (412) 577-5223 

Fax: (412) 765-3858 

Copy to: 

FAA Part 16 Airport Proceedings Docket 

FAA Airport Compliance and Management Analysis, (A CO-l 00) 

Chiudia Roberts 

Office of Airport Compliance and 

Management Analysis